Intersectionality, Police Excessive Force, and Class
Frank Rudy Cooper 89 Geo. Wash. L. Rev. 1452 Recent uprisings over the failure to hold police officers responsible for killing civilians—from Ferguson, Missouri to nationwide George Floyd protests—show the importance of excessive force as a social problem. Some scholars have launched racial critiques of policing as resulting from explicit or implicit racial bias. Others... Read More
Officer-Created Jeopardy: Broadening the Time Frame for Assessing a Police Officer’s Use of Deadly Force
Cynthia Lee 89 Geo. Wash. L. Rev. 1362 When a police officer’s use of deadly force kills or seriously injures a civilian, that officer may face civil liability or criminal prosecution. In both civil and criminal cases, a critical question that the jury must decide is whether the officer’s use of force was reasonable or... Read More
Fall 2020 Symposium: Addressing the Crisis in Policing Today: Race, Masculinity, and Police Use of Force in America
Kate Weisburd 89 Geo. Wash. L. Rev. 1357 The year 2020 was a year of reckoning. The COVID-19 pandemic, along with the protests in support of the Black Lives Matter movement and against police violence toward unarmed Black, Brown, and Indigenous peoples, revealed our collective, but also differing, vulnerability to violence, sickness, death, and economic... Read More
Preview of the December 2021 Supreme Court Arguments
December 1 Dobbs v. Jackson Women’s Health Organization No. 19-1392, 5th Cir. Preview by Joshua Keyser, Senior Online Editor In Dobbs v. Jackson Women’s Health Organization, the Supreme Court will consider what is already being called the “most important abortion case in a generation.” Edward Whelan, John Roberts and the Abortion Precedents, Wall Street J.... Read More
False Flags and the First Amendment: Lying Through Symbolic Speech
Professor G. Alex Sinha · November 2021 89 Geo. Wash. L. Rev. Arguendo 133 Ivan Hunter, a leader of the right-wing Boogaloo Bois, recently pleaded guilty to participating in a riot when he fired his AK-47 at the Minneapolis Police Third Precinct during a Black Lives Matter protest in May of 2020. Hunter’s target—the home... Read More
Preview of the November 2021 Supreme Court Arguments
The Supreme Court’s November calendar has been in flux as litigation surrounding the controversial Texas statute S.B. 8 has raced to the Court’s attention. Be sure to check this post for updates, as future shifts in the calendar may well be in store. November 2 Houston Community College System v. WilsonNo. 28-804, 5th Cir.Preview by... Read More
An Article I Body to Issue Declaratory Advisory Opinions on Competitor Challenges to Tax Regulations
Lily Ting Hsu 89 Geo. Wash. L. Rev. 1333 Caselaw demonstrates that Article III courts are unwilling to entertain claims brought by third parties that challenge Internal Revenue Service (“IRS”) and Department of the Treasury (“Treasury”) rulings for impermissibly favoring some taxpayers over others. In this Essay, I propose an Article I body that would... Read More
Promises Unfulfilled: Did the Trump Administration Substantially Change the Administrative State?
Amy Orlov 89 Geo. Wash. L. Rev. 1306 In 2019, Professors Robert L. Glicksman and Emily Hammond of The George Washington University Law School examined the Trump Administration’s early regulatory behavior during the first half of Donald Trump’s presidency. In their article, The Administrative Law of Regulatory Slop and Strategy, published in The Duke Law... Read More
Delegating and Regulating the President’s Section 232 and IEEPA Trade Powers
Jacob Reiskin 89 Geo. Wash. L. Rev. 1280 Congress has provided the President extraordinary authority to enact emergency trade remedies. Throughout the Trump Administration, American consumers and manufacturers paid the costs of this delegation. This Essay considers procedural reforms that Congress should pass to ensure that future Presidents do not have unchecked authority to order... Read More
Permissible Derogation: The Common Law and Agency Interpretations Under Chevron
Jalen LaRubbio 89 Geo. Wash. L. Rev. 1261 The common law has undergirded American society since the founding. In recent decades, however, the law surrounding federal administrative agencies has grown massively in importance. Inevitably, instances of conflict between established common law and agency statutory interpretations have arisen and will continue to arise as the administrative... Read More